No new state can be formed within the jurisdiction of an existing state without the consent of the legislature of that state as well as the U.S. Congress. Also, no new state can be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned and Congress. This is mandated by Article IV, Section 3, Clause 1 of the U.S. Constitution. Essentially, a state cannot be split or divided to form a new state without agreement from the original state(s) and Congress. For example, New York cannot create a new state within its own territory without such consent.